§64-11-5. Division of environmental protection, office of waste
management.
(a) The legislative rule relating to the division of
environmental protection, office of waste management (assessment
of civil administrative penalties, 47 CSR 4), effective the
twenty-second day of April, one thousand nine hundred ninety-one,
is reauthorized with the following amendments:

"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47' and
inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '4' and
inserting in lieu thereof the series number '22';

On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT' and inserting in lieu thereof the words
'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, subsection 1.1., and continuing
throughout the text of the rule, by striking out the code reference
'§20-5E-16', and inserting in lieu thereof the code reference
'§22-18-17', and by striking out the code reference '§20-5F-6', and
inserting in lieu thereof the code reference '§22-15-15';

On page 1, subsection 2.1., by striking out the code reference '§20-5E-1', and inserting in lieu thereof the code reference
§22-18-1', and by striking out the code reference '§20-5F-1' and
inserting in lieu thereof the code reference '§22-15-1';

On page 1, subsection 2.4., by striking out the words 'Natural
Resources' and inserting in lieu thereof the words 'environmental
protection';

On page 1, subsection 2.4., by inserting the words 'or her'
immediately following the word 'his';

Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);

On page 3, subsection 5.5., by striking out the words 'State
Water Resources Board', and inserting in lieu thereof the words
'environmental quality board';

Beginning on page 3, subsection 6.2., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof 'this rule';

And,

On page 4, subsections 6.5, 7.3. and 7.5, by striking out the
word 'Section', and inserting in lieu thereof the word
'subsection'."

(b) The legislative rule relating to the division of
environmental protection, office of waste management (groundwater
protection standard, 47 CSR 12), effective the twenty-fifth day of
April, one thousand nine hundred eighty-four, is reauthorized with the following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '12', and
inserting in lieu thereof the series number '23';

On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

On page 1, subsection 1.1., by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';

On page 1, subsection 1.1., by striking out the words 'Section
2, Series 35, Department of Natural Resources Administrative
Regulations', and inserting in lieu thereof the words '33CSR20,
Section 2';

And,

On page 1, subsection 1.2., by striking out the code
references '20-5E and 5A' and inserting in lieu thereof the code
references 'Chapter 22, Articles 18 and 11'."

(c) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
hazardous waste management facility siting fees, 47 CSR 35A),
effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '35A', and
inserting in lieu thereof the series number '21';

On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

On page 1, subsection 1.1., by striking out the code reference
'§20-10-1', and inserting in lieu thereof the code reference
'§22C-5-1';

On page 1, subsection 1.2., by striking out the code reference
'§20-10-5(b)', and inserting in lieu thereof the code reference
'§22C-5-6(b)';

On page 1, subsection 2.1., by striking out the code reference
'§20-10-3', and inserting in lieu thereof the code reference
'§22C-5-4';

Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 C.S.R. 35', and inserting in lieu thereof the rule reference
'33CSR20';

Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';

On page 1, subsection 3.1., by striking out the code reference
'§20-10-5', and inserting in lieu thereof the code reference
'§22C-5-6'."

And,

On page 1, subsection 3.3., by striking out the word
'regulations' and inserting in lieu thereof the word 'rule'."

(d) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tanks, 47 CSR 36), effective the first day of July, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '36', and
inserting in lieu thereof the series number '30';

On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

On page 5, subsection 4.6., by striking out the rule reference
'(46 C.S.R. 30)', and inserting in lieu thereof the rule reference
'(33CSR30)';

And,

On page 5, subsection 5.1., by striking out the rule reference
'(47 C.S.R. 37)', and inserting in lieu thereof the rule reference
'(33CSR31)', by striking out the rule reference '(47 C.S.R. 36
Section 4)', and inserting in lieu thereof the rule reference
'(33CSR30 §4)', and by striking out the rule reference '(47 C.S.R.
37A Section 5)', and inserting in lieu thereof the rule reference
'(33CSR32 §5)'."

(e) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tank fee assessments, 47 CSR 37), effective the fourteenth
day of June, one thousand nine hundred ninety-three, is
reauthorized with the following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '37', and
inserting in lieu thereof the series number '31';

On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

On page 1, subsection 1.1, by striking out the code reference
'W.Va. Code §§20-5H-20 and 20-5H-21' and inserting in lieu thereof
the code reference 'W.Va. Code §§22-17-20 and 22-17-21';

Beginning on page 1, subsection 1.5., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';

Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);

On page 1, subsection 2.1., by striking out the code reference
'§20-5H', and inserting in lieu thereof the code reference
'§22-17-1';

On page 1, subsection 2.1., before the word means, by
inserting the word 'Act' in the definition;

On page 1, subsection 2.2., before the word means, by
inserting the word 'Change-In-Service' in the definition;

On page 1, subsection 2.3., before the word means, by
inserting the word 'Division' in the definition;

On page 1, subsection 2.4., before the word means, by
inserting the word 'Owner' in the definition;

On page 2, subsection 2.5., before the word means, by
inserting the word 'Person' in the definition;

On page 2, subsection 2.6., before the word means, by
inserting the word 'Permanent Closure' in the definition;

On page 2, subsection 2.7., before the word means, by
inserting the word 'Regulated Substance' in the definition;

On page 2, subsection 2.8., before the word means, by
inserting the word 'Underground Storage Tank or UST' in the
definition;

On page 2, subdivision 2.8.a., by striking out the word
'Farms', and inserting in lieu thereof the word 'Farm';

On page 2, subdivision 2.8.j., by striking out the words
'Section 2.8.1. through 2.8.9.' and inserting in lieu thereof the
words 'subdivisions 2.8.a. through 2.8.i.';

Beginning on page 3, subdivision 3.3.b., and continuing to subdivisions 3.3.c. and 5.1.a., and paragraphs 4.4.c.1, 5.1.b.1.
and 5.1.c.1, by striking out the word 'Sections' and inserting in
lieu thereof the word 'subsections';

On page 3, subdivision 4.4.c., by striking out the words '47
C.S.R. 36 §4', and inserting in lieu thereof the words '33CSR30
§4', and by striking out the words 'W.Va. Code §20-5H-8', and
inserting in lieu thereof the words 'W.Va. Code §22-17-8';

On page 4, subsection 4.5., by striking out the code
references '§§20-5H-15 and 20-5H-16', and inserting in lieu thereof
the code references '§§22-17-15 and 22-17-16';

On page 4, subsection 5.1., by striking out the code
references '§§20-5H-20 and 20-5H-21', and inserting in lieu thereof
the code references '§§22-17-20 and 22-17-21';

And,

On page 4, paragraph 5.1.c.2., by striking out the code
reference '§20-5H-20(a)', and inserting in lieu thereof the code
reference '§22-17-20(a)'."

(f) The legislative rule relating to the division of
environmental protection, office of waste management (solid waste
management rule, 47 CSR 38), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the words 'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38', and
inserting in lieu thereof the series number '1';

Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);

Beginning on page 1, paragraph 1.1.a.4., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the rule reference '47CSR38',
and inserting in lieu thereof the rule reference '33CSR1';

Beginning on page 1, subsection 1.5, and continuing throughout
the rule, by striking out the words 'these regulations', and
inserting in lieu thereof the words 'this rule';

Beginning on page 9, subsection 2.88, and continuing
throughout section 2 of the rule, by correctly renumbering all
misnumbered subsections and subdivisions;

On page 50, subparagraph 3.13.k.1.F, by striking out the word
'data', and inserting in lieu thereof the word 'date';

Beginning on page 72, subsection 4.1, and continuing
throughout the text of the rule, by striking out the word 'sec.',
and inserting in lieu thereof the word 'seq.';

Beginning on page 111, paragraph 4.11.b.2., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director';

And,

Beginning on page 117, subsection 4.11.e, and continuing
throughout the text of the rule, by striking out the abbreviation
'WV', and inserting in lieu thereof the abbreviation 'W.Va."

(g) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
solid waste landfill closure assistance program, 47 CSR 38C),
effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38C', and
inserting in lieu thereof the series number '40';

On page 1, subsection 1.1, by striking out the words 'Article
5N' and inserting in lieu thereof the words 'Article 16.';

On page 1, subsection 1.2, by striking out the code reference
'§20-5N-8', and inserting in lieu thereof the code reference
'§22-16-13.';

Beginning on page 1, subsection 1.6, and continuing throughout
the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule',
and by striking out the word 'regulation' and inserting in lieu
thereof the word 'rule';

On page 1, subsection 2.2, by striking out the code references
'§§20-5N-3 and 10', and inserting in lieu thereof the code
references '§§22-16-3 and 15';

On page 2, subsection 2.3, by striking out the words 'of the
Department of Commerce, Labor and Environmental Protection';
On page 2, subsection 2.7, by inserting the subsection heading
'Incorporation of §22-15-2 Definitions.';

On page 2, subsection 2.7, by striking out the code reference
'§20-5F-2' and inserting in lieu thereof the code reference
'§22-15-2';

Beginning on page 2, subsection 3.2, and continuing throughout the text of the rule, by renumbering the text breakdown as
necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 3, paragraph 3.2.h.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

On page 3, subparagraphs 3.2.e. and 3.2.f., by striking out
the abbreviation 'No.' and by inserting the word 'Number';

On page 4, paragraph 3.2.h.5., by striking out the code
reference '§20-5F-4(k)', and inserting in lieu thereof the code
reference '§22-15-5(j)';

On page 8, subsection 7.1, by inserting the subsection heading
'Expenditure of Funds from the Closure Assistance Fund.';

On page 8, subsection 7.2, by inserting the subsection heading
'Assistance Contingent upon the Availability of Revenues.';

And,

On page 8, subsection 8.1, by inserting the subsection heading
'Priority for Final Assistance.'."

(h) The legislative rule relating to the division of
environmental protection, office of waste management (sewage sludge
management rules, 47 CSR 38D), effective the first day of May, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

On page 1, in the title, on the line following the words
'DIVISION OF ENVIRONMENTAL PROTECTION', by inserting the words
'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38D', and
inserting in lieu thereof the series number '2';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';

Beginning on page 5, subdivision 3.2.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 6, subdivision 3.2.b., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

And,

On page 8, subdivision 4.1.e., and continuing throughout the
text of the rule, by striking out the rule reference '47 CSR 38',
and inserting in lieu thereof the rule reference '33CSR1'."

(i) The legislative rule relating to the division of
environmental protection, office of waste management (yard waste
composting rule, 47 CSR 38E), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and by inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38E', and
inserting in lieu thereof the series number 'E';

On page 1, §33-3-2, by striking out the code reference
'§20-5F-2', and inserting in lieu thereof the code reference
'22-15-2', and by striking out the rule reference '§47CSR38D' and
inserting in lieu thereof the rule reference '33CSR2';

Beginning on page 2, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'Chief', and
inserting in lieu thereof the word 'director';

Beginning on page 3, subdivision 3.1.a.,
and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 6, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1.';

Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';

On page 6, paragraph 3.4.c.3., after the semicolon, by
inserting word 'and';

And,

Beginning on page 7, subparagraph 3.4.c.4.C, and continuing
throughout the text of the rule, by striking out the word
'Division', and inserting in lieu thereof the words 'Division of

Environmental Protection'."

(j) The legislative rule relating to the division of
environmental protection, office of waste management (office of
waste management, 47 CSR 38F), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the series number '38F', and
inserting in lieu thereof the series number '4';

On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

And,

Beginning on page 2, subdivision 3.3.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6)."

(k) The legislative rule relating to the division of
environmental protection, office of waste management (waste tire
management rule, 47 CSR 38G), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:

"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';

On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';

Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38G', and
inserting in lieu thereof the series number '5';

Beginning on page 1, subdivision 1.1.a., and continuing throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

Beginning on page 1, subdivision 1.1.c., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);

On page 1, §33-5-2 (former §47-38G-2), and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1';

Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';

Beginning on page 2, subsection 2.17, and continuing
throughout the text of the rule, by striking out the abbreviation
'WV', and inserting in lieu thereof the abbreviation 'W.Va.';

Beginning on page 3, subdivision 3.1.b., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38G', and inserting in lieu thereof the words 'this rule';

And,

Beginning on page 3, subdivision 3.2.a., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director'."